Terrorism and the Limitation of Rights

Stefan Sottiaux is Professor of Constitutional and Administrative Law in the Faculty of Law at the University of Leuven. He is a member of the Brussels bar where he practises constitutional and human rights law.

• 1 Introduction I. Human Rights and Terrorism II. Object and Purpose III. Selection of Human Rights Instruments IV. Preliminary Conclusions V. Structure and Methodology 2 The Limitation of Rights under the European Convention and the US Constitution I. Introduction II. Balancing and Categorical Methods of Limitation III. The Limitation of Rights under the European Convention IV. The Limitation of Rights under the US Constitution V. Conclusion 3 The Right to Freedom of Expression I. Introduction II. The Right to Freedom of Expression: Basic Notions III. Terrorism as Expressive Conduct IV. Terrorism-Related Speech V. Terrorism and the Media VI. General Conclusion 4 The Right to Freedom of Association I. Introduction II. The Right to Freedom of Association: Basic Notions III. Counter-Terrorism and the Right to Freedom of Association IV. General Conclusion 5 The Right to Personal Liberty I. Introduction II. The Right to Personal Liberty: Basic Notions III. The Right to Liberty and Counter-Terrorism Measures IV. Deprivation of Liberty in War and Emergency Situations V. General Conclusion 6. The Right to Privacy I. Introduction II. The Right to Privacy: Basic Notions III. The Right to Privacy and Counter-Terrorism Measures IV. General Conclusion 7 The Right to a Fair Trial I. Introduction II. The Right to a Fair Trial: Basic Notions III. The Right to a Fair Trial and Counter-Terrorism Measures IV. Limitations of the Right to a Fair Trial in War and Emergency Situations V. General Conclusion 8 Conclusion

This is a highly informative study that will be of interest to a broad range of academics and can be drawn upon as additional reading for advanced courses on human rights. It is a very welcome addition to the literature on human rights and terrorism. Different readers will gain different things from a thought-provoking study. Ed Bates Human Rights Law Review Vol 9, No 3, August 2009 In view of the concerns over terrorism and the preoccupation with human rights protections in the contemporary world, Sottiaux's study on the limitations of rights is a most welcome contribution to the legal scholarship...Sottiaux provides a useful analysis of the judicial review of contemporary strategies of counter-terrorism on the basis of human rights considerations. Mathieu Deflem The Law and Politics Book Review Vol. 18 No.7 (July 2008) Until now there did not exist a clear composition drawing up the differences between the European Convention for the Protection of Human Rights and the Bill of Rights in the US Constitution with regard to terrorism-related limitations. With the current book Sottiaux filled that gap admirably and thus created a precious help for practitioners in that field of law. Katrin Gruber Vienna Online Journal on International Constitutional Law Issue 4/2008 ...Stefan Sottiaux delivers an impressively comprehensive and detailed examination of this issue...In its primary purpose the analysis of how a model of limitation may influence the outcome of the 'balancing exercise' the book is compelling. It is to be recommended as an excellent reviewof the relevant ECHRandUS case-law for anyone interested in the relationship between counter-terrorism and human rights. Daniel Moeckli Modern Law Review (2009) 72 (1) This impressive and highly relevant book offers both a theoretical account of the paradoxical relationship between terrorism and human rights, and a comprehensive comparative survey of the major decisions in this respect of the highest courts on both sides of the Atlantic, the European Court of Human Rights (ECtHR) and the United States Supreme Court (SC). This work is highly recommended as an excellent description and legal analysis of the ECHR, US Constitution and their case-law, specifically in relation to counter-terrorism and human rights. Reno Pijnen Netherlands Quarterly of Human Rights Vol 28/2 (2010)